又见“击穿”案：家族信托财产安全性的边界何在

Core Viewpoint - The recent case of a family trust being "pierced" in China raises concerns about the respect for trust rights and the potential outflow of financial assets overseas if domestic institutions fail to protect these rights effectively [1][32]. Group 1: Case Overview - A family trust case in Jiangsu was reported where the court executed assets amounting to 41.43 million yuan as deposits without following proper legal procedures [2][6]. - The individual involved, Cui Yi, was sentenced to 14 years in prison for bribery and fraud, with a restitution obligation of 70.12 million yuan [4][32]. - The court's actions have sparked significant controversy within the trust industry, as trust assets are legally independent from the grantor's personal assets [7][9]. Group 2: Legal Implications - The execution of trust assets without a formal determination of the trust's validity undermines the legal independence of trust property [12][30]. - The case highlights the need for a clear legal process to assess the validity of trusts before executing assets, as the current approach may violate procedural justice [27][30]. - The legal framework allows for the possibility of declaring a trust invalid if established with illegal assets, but proving the illegality of trust assets can be challenging [21][22]. Group 3: Trust Characteristics and Benefits - Family trusts serve as a legitimate financial management and debt-avoidance tool, emphasizing asset protection and inheritance [14][18]. - The independence of trust property allows for professional management and safeguards against potential mismanagement by heirs [17][18]. - The growth of family trusts in China is driven by increasing wealth accumulation and the need for effective asset management strategies [16][32]. Group 4: Future Considerations - The potential for asset outflow to overseas jurisdictions increases if domestic institutions do not adequately protect trust rights, leading to a loss of financial assets within China [1][32]. - The trust industry must navigate the complexities of legal interpretations and ensure that trust arrangements are respected to maintain investor confidence [30][31].